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Compensation Of Reliance Interest In Contract Law

Posted on:2016-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:J C XieFull Text:PDF
GTID:2296330479488314Subject:Law
Abstract/Summary:PDF Full Text Request
The reliance interest principle was based on the judicial practice in Western countries. The introducing of this principle laid the foundation for the break of the classical contract law, and has played important role in the development of the modern contract law. But the reliance interest was formed from Western countries; it has been very difficult to study under the background of Chinese law system. The disputes and chaos about reliance interest on the concepts, natures, ranges are all among Chinese scholars. This essay tries to reorganize and sort out the disputes of reliance interest and provide personal constructive suggestions.This essay is divided into five parts:The first part explains the basic concept of reliance interest from the aspects of logistics and law system, and gives different definitions of Western and Chinese reliance concepts. The reliance interest is an independent interest form, which belongs to the one who give the contract or the offer. The loss which may be caused by reliance includes interests of properties and chances.The second part studies the history of reliance interest principle. This part mainly focuses on the compensation for damages and the universal law during the development of reliance interest, and also the new vitality of it in modern contract law systems.The third part further analyses the nature of compensation for the loss caused by the reliance interest. At first, we sperate the liability to pay compensation caused by reliance interest from the tort liability. And then by the comparison between reliance interest and contract fault liability, we can figure out that they should be a kind of cross reference relation instead of affiliation. Also, the expansions of the ranges of reliance interest were bang on trend.The forth part mainly focuses on the range of reliance interest. There are two issues; the first is the compensation of reliance interest should be limited by the interest which has to be paid. And the second is whether we should pay the compensation for immaterial loss.The fifth part analyses Chinese reliance interest by legislation and jurisdiction. And also we promote some suggestions on it.At last we make the conclusion. The appearance of reliance interest and its usage in judicial practice have covered the shortage of classical contract law and expanded the range of its nature. By the meantime,reliance interest has become part of the contract liability which has solved the problems of the belonging of third parties. And at last, we should emphasize that what we have discussed doesn’t mean the reduction of the freedom of contract. This kind of chance is the inevitable demand for the development of modern society and law system.
Keywords/Search Tags:Reliance interest, Compensation of reliance interest, Contract liability, Culpa in contrahendo
PDF Full Text Request
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